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In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a new generic top-level domain name registration program. Generic top-level domains (gTLDs) are the letter strings following the “dot” in an Internet address (e.g., the “com” in .COM) and have been limited to 21 specific sequences, including .COM, .ORG, and .INFO. These will expand beginning in 2012. ICANN’s approval of the program opens gTLDs to allow registration of almost any combination of letters, including trademarks, trade names, brands and other terms.
What Does This Mean?
Any established public or private organization can apply to register a gTLD domain name and form and operate the subsequent gTLD registry. Costs for the application are estimated at $185,000, with the potential for additional fees when the application goes through certain mandatory process steps. Whether or not rights holders intend to participate in the new gTLD program, they will need to review their present domain name policies to determine how best to protect their trademarks.
The first gTLD registration period will open on or around January 12, 2012 and will close on or around April 12, 2012. ICANN anticipates additional registration periods, but has not yet scheduled the dates. The gTLD program has rights protection mechanisms built into the process; mechanisms that were developed during consultations with trademark owners and their representatives.
After the initial application period closes (approximately April 2012) ICANN will publish a list of the applied-for gTLDs. Rights holders will then have the opportunity to file formal objections to demonstrate that the registration of proposed gTLDs will infringe their legal rights. Though costs are not yet settled, the World Intellectual Property Organization (WIPO), which will provide dispute resolution for rights-based objections, estimates the cost of an objection to be between $10,000 and $23,000.
Additionally, the registry in charge of each new gTLD will be required to establish rights protection mechanisms before allowing third parties to register second-level domain names. Second-level domain names are the letter strings before the “dot” in an Internet address (e.g., the “polsinellishughart” in polsinellishughart.com). The specific requirements to participate in and details of the rights protection mechanisms will vary by gTLD registry.
What You Will Need To Do
The new gTLD program will also establish a trademark clearinghouse that will notify rights holders of infringing domain name applications and notify applicants of such marks. Rights holders will have to take specific steps to validate their marks and enter the marks into the trademark clearinghouse prior to the launch of new gTLDs in order to receive the benefits of the rights protection mechanisms.
For More Information
If you have questions about the new gTLD domain name registration process or other intellectual property protection issues, if you would like assistance creating or reviewing your domain name registration policies, or if you would like to receive updates about the new gTLD domain name registration process as more information becomes available, please contact:
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